Friday, September 25, 2020

Body Corporate And Community Management Act 1997

Chapter 8
Part 9
Division 4
Section 389

Provision about new community management statement required under this division | Section 389

(1)This section applies if, under this division, the body corporate for an existing scheme is required to lodge a request to record a new community management statement incorporating a change to the contribution schedule lot entitlements for the lots included in the scheme.

(2)If the difference between the new community management statement and existing community management statement for the existing scheme is limited to changes incorporating the changed contribution schedule lot entitlements—

(a)section 54(2) does not apply to the new community management statement; and

(b)despite section 60(1), the new community management statement may be recorded for the scheme without the endorsement on the statement of a community management statement notation of each relevant planning body for the scheme.

(3)If subsection (2)(b) applies, the body corporate must, within 14 days after the new community management statement is recorded, give a copy of the statement to each relevant planning body for the existing scheme.

(4)If the body corporate does not lodge a request as required under this division, an owner of a lot included in the existing scheme may apply to QCAT for an order requiring the body corporate to lodge the request within a stated period.

Note—

The QCAT Act provides for the consequences of contravening an order of QCAT. See the following provisions of that Act—

section 132 (which provides for enforcing non-monetary decisions of QCAT in a court)

section 213 (which creates an offence for contravening a decision of QCAT)

section 218 (which provides that contravening a decision of QCAT may constitute contempt of the tribunal).

© Sourced from the Queensland Legislation website at 1 April 2020. For the latest information on Queensland Government legislation please go to https://www.legislation.qld.gov.au.

Disclaimer: Reproduced from the Body Corporate and Community Management Act 1997. This website does not give legal advice or other professional advice. You should seek legal or other professional advice before acting and not rely on any of the content on this website.

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